The Human Medicines Regulations 2012

PART 2 Other primary legislation

Trade Descriptions Act 1968

37.  In section 2(5)(b) (trade descriptions) of the Trade Descriptions Act 1968(1) for the words from “made under Part V” to “that Act)” substitute “of Chapter 1 of Part 13 of the Human Medicines Regulations 2012”.

House of Commons Disqualification Act 1975

38.  In Part II (bodies of which all members are disqualified) of Schedule 1 to the House of Commons Disqualification Act 1975(2) for the entry for the Commission for Human Medicines and any committee established under section 4 of the Medicines Act 1968 substitute—

“The Commission on Human Medicines.”.

Northern Ireland Assembly Disqualification Act 1975

39.  In Part II (bodies of which all members are disqualified) of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975(3) for the entry for the Commission for Human Medicines and any committee established under section 4 of the Medicines Act 1968 substitute—

“The Commission on Human Medicines.”.

Consumer Protection Act 1987

40.  Section 19(1) (interpretation of Part II) of the Consumer Protection Act 1987(4) shall have effect as if, in the definition “licensed medicinal product”, the reference to any medicinal product within the meaning of the Medicines Act 1968, in respect of which a product licence within the meaning of that Act is for the time being in force, included a reference to a medicinal product, in respect of which a marketing authorisation or a traditional herbal registration within the meaning of these Regulations is for the time being in force.

Environmental Protection Act 1990

41.  In section 142(7) (powers to obtain information about potentially hazardous substances) of the Environmental Protection Act 1990(5), for the entry relating to the Medicines Act 1968 substitute “Parts 3 to 8 and 16 of the Human Medicines Regulations 2012”.

Value Added Tax Act 1994

42.  In Part II of Schedule 8 (zero-rating) to the Value Added Tax Act 1994(6)—

(a) in note (2B) to Group 12 (drugs, medicines, aids for the handicapped etc) for the words “article 1(2) of the Prescription Only Medicines (Human Use) Order 1997” substitute “regulation 8(1) of the Human Medicines Regulations 2012”; and

(b) in note (11) to Group 15 (charities etc)—

(i) for paragraph (a) substitute—

“(a) “medicinal product” has the meaning assigned to it by regulation 2(1) of the Human Medicines Regulations 2012;”, and

(ii) omit paragraphs (b) and (c).

Health Act 1999

43.  In section 60(2A)(c) (regulation of health care and associated professions) of the Health Act 1999(7), after “that Act” insert “or the Human Medicines Regulations 2012”.

Communications Act 2003

44.  In section 368R(1) (interpretation of Part 4A) of the Communications Act 2003(8), for the definition “prescription-only medicine” substitute the following definition—

““prescription-only medicine” means a prescription only medicine within the meaning of regulation 5(3) of the Human Medicines Regulations 2012;”.

Christmas Day and New Year’s Day Trading (Scotland) Act 2007

45.  In section 7 (interpretation) of the Christmas Day and New Year’s Day Trading (Scotland) Act 2007(9)—

(a) omit the definition “appropriate person”; and

(b) for the definition “on prescription” substitute the following definition—

““on prescription” means in accordance with a prescription given by an appropriate practitioner, within the meaning of regulation 214(1) and (3) to (6) (sale or supply of prescription only medicines) of the Human Medicines Regulations 2012;”.

(1)

1968 c.29. Paragraph (b) of section 2(5) was inserted by paragraph 16 of Schedule 5 to the Medicines Act 1968.

(2)

1975 c.24.

(3)

1975 c.25.

(4)

1987 c.43. Section 19(1) was amended by paragraph 7 of Part 1 of Schedule 9 to S.I. 2006/2407; there are other amendments to that subsection, but none is relevant.

(5)

1990 c.43. Section 142(7) was amended by paragraph 8 of Schedule 4 to the Radioactive Substances Act 1993 (1993 c.12), in relation to England and Wales by paragraph 5(1) and (12) of Part 1 of Schedule 26 to S.I. 2010/675, and by paragraph 8 of Part 1 of Schedule 9 to S.I. 2006/2407.

(6)

1994 c.23. In Part II of Schedule 8, note (2B) to Group 12 was inserted by S.I. 2009/2972, and note (11)(a) to Group 15 was amended by paragraph 10(a), and (11)(d) inserted by paragraph 10(b), of Schedule 9 to S.I. 2006/2407.

(7)

1999 c.8. Subsection (2A) was inserted by paragraph 1 of Schedule 8 to the Health and Social Care Act 2008 (2008 c.14).

(8)

2003 c.21. Section 368R was inserted by regulation 2 of S.I. 2009/2979.

(9)

2007 asp 13.